Officer Report

Application No.: 15/00881/C Applicant: Mr Dolyn Clucas-Morris Proposal: Additional use of retail unit for the sale of hot and cold food for consumption on and off the premises (retrospective) Site Address: Seamount Bay View Road Port St. Mary Isle Of Man IM9 5AG Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is the ground floor of the property which sits on the corner of Bay View Road and Gellings Avenue. The building is a four storey building which is mainly facing brick with the ground floor having tall areas of glazing and a front entrance off Bay View Road. The site was most recently used as a shop. THE PROPOSAL - 2.1 Proposed is the change of use of the premises from a shop on the ground floor to a hot and cold food cafe and take away. The applicant's intention is to have an American themed diner and to sell coffee, hot dogs, ice cream and sandwiches. The submitted layout shows an area with around four tables and internal dining space for around 16 diners at any one time.

2.2 No changes to the building are proposed. - 2.3 The proposed hours of operation are given as Sunday to Thursday 1000 - 1900hrs and Friday and Saturday 1000hs to 2100hrs.

PLANNING STATUS AND POLICY

3.1 The site lies within an area a Mixed Use on the Area Plan for the South adopted in 2013 and within a proposed Conservation Area.

3.2 The use is compatible with that designation and the Conservation Area status would bring with it a requirement to preserve or enhance the character and appearance of the Area (Environment Policy 35 and Planning Policy Statement 1/01). PLANNING HISTORY - 4.1 The site was the subject of a number of applications for alterations, none of which is considered relevant to the consideration of the current application. REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services indicate that they do not object to the application (14.08.15).

5.2 Port St. Mary Commissioners indicate that they do not object to the application (25.08.15). ASSESSMENT - 6.1 The building has been empty for some time and its use will enhance both the appearance and vitality of the building but also that of the village as a whole which is becoming increasingly vibrant with the various businesses which have opened up there. The use of the premises as a cafe is considered complimentary to the other establishments in the village, adding to the variety of eating and drinking establishments for the residents and visitors there.

6.2 As such, the proposed change of use is considered acceptable and is recommended for approval. PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case ht and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 28.08.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The cafe and take away may be operational only on Sunday to Thursday between 1000 and 1900hrs and on Friday and Saturday between 1000hs and 2100hrs.

-----------------------------------------------------------------------------------------------------------This approval relates to drawings all received on 4th August, 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Head of Development Management. Decision Made : Permitted Date : 01.09.2015 Determining officer Signed :…………J CHANCE…….. Jennifer Chance Head of Development Management